Filing a Worker’s Compensation Claim in Kentucky:

The Kentucky workers' compensation law applies to any employer, including a government agency that has one or more employees who comes within the coverage of the statute. However, an employer "engaged solely in agriculture" is exempt from the program's requirements (Kentucky Rev. Stat. 342. 630). Employers must obtain insurance from a company that is authorized to provide workers' compensation insurance in Kentucky, or through membership in a self-insurance group. A large employer may receive individual self-insurance certification from the Department of Workers' Claims.

An employer that does not obtain workers' compensation insurance may be subject to civil penalties, and may be required by a court order to cease business operations.

The Statute of Limitations in a workers’ compensation claim is two (2) years from the date of injury, or two (2) years from the last date you were paid Temporary Total Disability benefits. Failure to file a claim within the Statute of Limitations may result in your claim being forever barred.

Kentucky Waiting Period:
The waiting period for compensation benefits after the injury is 7 days.

Compensation is retroactive if disability continues for more than two weeks.

Kentucky Worker’s Compensation Treatment:
Unless an employer has specified the use of a managed health care system, an employee may select the physician who will treat a work-related injury or illness. Even if the employer has designated a managed health care system, an employee has the right to continue treatment by a physician who provides emergency medical treatment. The employer must pay the reasonable costs of treatment of job-related injuries and diseases. (Kentucky Rev. Stat. 342.020 ) State law does not permit an employer to require an employee to make co-payments for treatment.

Kentucky Worker’s Compensation Benefits:
Kentucky law provides for three types of disability benefits. Temporary total disability compensation (TTD) is available for an employee who is unable to work while recovering from a work-related injury or illness. Permanent total disability (PTD) benefits are available to employees who are permanently unable to work. The compensation amount for total disability is two-thirds of the employee's weekly wage, but not to exceed two-thirds of the average weekly wage in Kentucky.

An employee who has a permanent disability but who is able to work qualifies to receive permanent partial disability (PPD) benefits.

Kentucky Worker’s Compensation Contact Information:
William P. Emrick, Executive Director
Office of Workers Claims
657 Chamberlin Avenue
Frankfort, KY 40601
(502) 564-5550 (502) 564-5550 or 1-800-554-8601 1-800-554-8601
(Contact: Patrick Roth)

NOTICE: These questions and answers concern Kentucky law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.